MGT 465 Final

1. A ____ requires a bargaining unit employee to join the union within 30 days. a. Union shop b. Agency shop c. Maintenance of membership agreement d. Dues checkoff provision e. None of the above, this is an illegal provision

a

1. A _____ requires a bargaining unit employee who is not a union member to pay a service fee. a. Union shop b. Modified union shop c. Agency shop d. Maintenance of membership agreement e. Dues checkoff provision

a

1. A bargaining unit: a. Is one company with one union. b. Must be determined by the NLRB. c. Cannot, by law, include professional employees d. Is whatever labor and management say it is as long as prohibited employees are not included.

a

1. A strike arising out of the negotiations of a labor agreement is [451]: a. an economic strike. b. a bargaining strike. c. a contract strike. d. a sympathy strike. e. an impossible strike.

a

1. A strike arising out of the negotiations of a labor agreement is: a. an economic strike. b. a bargaining strike. c. a contract strike. d. a sympathy strike. e. an impossible strike.

a

1. American Ship Building (1965) and NLRB v. Brown (1965) are the controlling cases involving lockouts. A set of criteria evolved from these cases which attempt to balance the interests of the parties. Examine the following circumstances and determine which would make a lockout illegal [450]. a. The recent current contract is still in effect.. b. Bargaining impasse has been reached. c. The employer is trying to force the union to settle. d. The employer has hired temporary replacements

a

1. American Ship Building (1965) and NLRB v. Brown (1965) are the controlling cases involving lockouts. A set of criteria evolved from these cases which attempt to balance the interests of the parties. Examine the following circumstances and determine which would make a lockout illegal. a. The recent current contract is still in effect.. b. Bargaining impasse has been reached. c. The employer is trying to force the union to settle. d. The employer has hired temporary replacements

a

1. An employee of the union local who ensures that contracts are being followed and refers members to employment opportunities is the: a. Shop steward b. Business agent c. Union president d. Union treasurer e. Union chief executive

a

1. Arbitrators would least likely insist that the steps of progressive discipline be followed in which of the following circumstances [lecture]? a. Where insubordination is the issue b. Where absenteeism and tardiness are the infractions c. Where an employee has poor performance d. For drinking coffee at her station in violation of a plant rule e. Progressive discipline is equally likely to be required in all the above

a

1. Bubba Company has 100 total employees including top management, 91 of which were deemed eligible to vote (i.e., 91 are in the bargaining unit) in the election. Only 80 employees voted. Therefore, at least how many employees must have signed authorization cards to force an election? a. 28 b. 31 c. 41 d. 46 e. 51

a

1. During the hiring process; (a) applicants were asked about their union affiliation, and those that expressed favorable union attitudes were not considered for employment, and (b) a known union organizer applied for a skilled machinist job and was turned down despite being the only qualified applicant because the company assumed he was a union "salt." a. Both (a) and (b) would be a ULPs b. While (a) is a ULP, (b) is not a ULP c. While (a) is not a ULP, (b) is a ULP d. Neither (a) nor (b) would be ULPs

a

1. Fact-finding [442]: a. Involves a neutral who publishes a recommendation for settlement b. Is highly successful in the private sector c. Legally binds both parties to the fact-finder=s award d. Is required under Taft-Hartley e. All the above

a

1. NLRB v. Gissel Packing dealt with the issuance of a bargaining order when the union lost an election due to an employer ULP. The Reagan Board in Gourmet Foods placed some restrictions on the granting of bargaining orders. Given this rule, assume that the UFCW was able to get signed authorization cards from 40% of the unit, and that the union lost an election as a result of severe Bubba Co. ULPs. The NLRB will most likely: a. Order Bubba Co. to recognize and bargain with the union. b. Fine the company for intentional violations of the law. c. Order the company to post notices of the violation and order the election to be re-run. d. Insist that Bubba Co. offer the union binding arbitration. e. Take no action since the union cannot provide evidence of majority status.

a

1. Recent cases such as Pattern Makers (1985) have defined the rights of employees during a strike. Which of the following statements concerning these rights is true ? a. State courts cannot enforce union fines for employees who cross picket lines in violation of the union's constitution. b. Union fines for crossing a picket line in violation of the union's contract violate workers' Section 7 rights. c. Workers can resign from the union and cross picket lines without having to pay fines during a strike. d. Unions must reinstate workers who resign during a strike once the strike is over. e. Members who resign to cross a picket line must be terminated once the strike is over.

a

1. The arbitrability of a grievance [511]: a. Is defined as whether a grievance can be heard by the arbitrator. b. Can be limited by the contract. c. Is determined by the arbitrator. d. All the above e. None of the above

a

1. The difference between a consent and a Board-directed (stipulated) election is that in the former: a. Both parties agree on the proposed bargaining unit and employees eligible to vote. b. Parties reserve the right to challenge certain issues after the election is held. c. The NLRB has previously issued a bargaining order. d. The NLRB has previously decided (stipulated) the outcome e. Management has stipulated which unions will be on the ballot.

a

1. To whom does the "free speech" provision in the T-H Act, Sec. 8(c) apply a. The company b. The union c. Employees d. All the above

a

1. Which is not correct regarding the union (shop) steward? a. He (she) is an employ of the union. b. He (she) insures that the contract is not violated on the shop floor c. He (she) represents employees who file grievances d. All the above are true

a

1. Which of the following describes the weight most commonly assigned to seniority in making layoff decisions? a. It is most contracts it is the sole factor b. It is a relevant factor but other issues usually enter into the decision. c. It is less important than job performance. d. It is of little importance. e. It is applied only if job performance and work attitudes are equal.

a

1. Which of the following is false regarding speech under T-H Sec 8(c) as it relates to union organizing campaigns? a. The company can say anything it wants as long as it is true. b. The company cannot make promises to employees. c. The company cannot threaten employees in order to coerce voting against the union. d. The company can make predictions as long as they do not represent threats to employees or promises of benefit. e. All these are true

a

1. Which of the following is not correct about ULP cases? a. They can be filed only by the union not the employer. b. The NLRB decision can be appealed. c. The General Counsel prosecutes ULP cases. d. The hearing is held before an administrative law judge. e. The NLRB's orders are enforced through the federal courts

a

1. Which of the following is the best description of the issue in the case? a. Does the company have the right to discharge James Tilton for horseplay during working hours? b. Does the company have the right to unilaterally establish plant rules? c. Did the company violate the contract by discharging James Tilton? d. Was James Tilton guilty of horseplay?

a

1. Which of the following is true about the union local? a. Most locals are chartered by and affiliated with a national union. b. The Wagner Act restricts union locals to no more than 500 members. c. Elected officers of most locals typically receive both pay and benefits for their positions. d. Taft-Hartley mandates the structure and policies of local union governance. e. Both c and d are true

a

1. Which of the following is true regarding plant rules [lecture]? a. Plant rules can be unilaterally set by the employer. b. Plant rules can be unilaterally set by management only if a management=s rights clause exists c. Plant rules must appear in the contract if they are to be enforced. d. Unreasonable plant rules need not be followed by union members e. The arbitrator is not allowed to rule on the reasonableness of a rule in discipline cases.

a

1. Which of the following laws eliminated the use of the yellow dog contract and limited the use of injunctions in labor disputes? a. Norris-LaGuardia b. The Wagner Act c. The Taft-Hartley Act d. Landrum-Griffin e. None of thes

a

1. A ____ election can be held if at least 30% of employees indicate they no longer want have union representation. a. Certification b. Decertification c. Raid d. All the above e. None of the above

b

1. A board-directed election occurs: a. Only after management has committed severe ULPs. b. After the NLRB holds hearings to determine voter eligibility, bargaining unit, and other issues. c. Only where management has previously agreed to both the appropriate union and election unit. d. Only where less than 50% of employees sign authorization cards.

b

1. A corporate campaign: a. Occurs when the company replaces workers engaged in striking over representation. b. Is used by the union to inform the public and put pressure on an employer to be fair. c. Is used by the company to put economic pressure on the union. d. Involves corporate contributions to PACs that help defeat unions.

b

1. A turn sheet arrangement applies to: a. Layoffs b. Shift assignments c. Overtime assignments d. Promotions

b

1. Free riding occurs when: a. Initiation fees are waived for new members. b. Employees do not pay union dues yet receive contractual benefits c. The union steward has dues waived because of her position d. Employers pay agency fees for union members. e. Unions negotiate a union shop contract

b

1. In grievance arbitration which of the following is least likely a part of the arbitrator=s duties [552]? a. Decide if the case can be arbitrated b. Help the parties formulate a statement of the issue c. Interpret the labor agreement and see if it has been violated d. Use his knowledge of good management practices to decide what is best for the parties e. Use past practice to interpret contract language

b

1. In the weeks before the election the company: (a) told employees that in previous elections in which the union was voted in, each company had subsequently undergone layoffs or had shut down, and (b) told employees that they should vote against the union because it was an outsider, it didn=t understand the needs of employees, and it would charge dues that each employee would have to pay. a. Both (a) and (b) would be a ULPs b. While (a) is a ULP, (b) is not a ULP c. While (a) is not a ULP, (b) is a ULP d. Neither (a) nor (b) would be ULPs

b

1. In which of the following is an arbitrator most likely to modify or overturn an employee's discharge [lecture]? a. An employee refused to follow a direct order requiring her to do work out of her classification. b. An employee refused to obey an order because of a belief that complying with the order might have resulted in a dangerous condition. c. The employee repeatedly violated a work rule that he considered trivial d. An employee directed profanity at a supervisor after the supervisor gave an improper order. e. The employee was often late for work because of unreliable transportation and had been give both a written warning and a suspension for tardiness previously

b

1. Rights arbitration involves [416]: a. Determining what rights an employee has in the workplace. b. The interpretation of an existing labor contract. c. Determining bargaining rights. d. Deciding the nature and specifics of the provisions specified in a new contract.

b

1. Secondary activity and neutral employers have long been difficult issues for the NLRB and the courts. In all of the following circumstances - except one - a secondary employer would lose their neutrality in a labor dispute. Which is the exception [466]? a. The primary employer contracts with the neutral to do work struck by the bargaining unit b. A neutral employer sells the products of a struck employer. c. The neutral company is a nonunion subsidiary of a company that operates double-breasted sharing common management and control. d. A nonunion subsidiary under common control with the union firm performs operations that are a phase of the struck firm=s work..

b

1. Secondary activity and neutral employers have long been difficult issues for the NLRB and the courts. In all of the following circumstances - except one - a secondary employer would lose their neutrality in a labor dispute. Which is the exception? a. The primary employer contracts with the neutral to do work struck by the bargaining unit b. A neutral employer sells the products of a struck employer. c. The neutral company is a nonunion subsidiary of a company that operates double-breasted sharing common management and control. A nonunion subsidiary under common control with the union firm performs operations that are a phase of the struck firm=s work

b

1. The NLRB can issue a bargaining order when: a. The union has won the election and the NLRB has certified the union. b. The union has lost an election but the employer has committed grievous ULPs and the union can demonstrate majority support at some point during the election campaign. c. A union has been voluntarily recognized by the company. d. The union loses an election due to company ULPs even if the union cannot demonstrate that a majority of employees signed authorization cards.

b

1. The ally doctrine implies that: a. If a company subcontracts struck work the subcontractor=s union can legally refuse to do the work. b. Subcontractors doing struck work are no longer third-party neutrals in a labor dispute. c. Picketing companies performing struck work is an illegal secondary boycott. d. Companies cannot subcontract struck work. e. Both a and b

b

1. The burden of proof generally rests with _____ in discipline cases, and _____ in other cases [lecture]. a. Union; management b. Management; union c. Management; management d. Union; union e. Management; is irrelevant

b

1. The business ally doctrine implies that [467]: a. If a company subcontracts struck work the subcontractor=s union can legally refuse to do the work. b. Subcontractors doing struck work are no longer third-party neutrals in a labor dispute. c. Picketing companies performing struck work is an illegal secondary boycott. d. Companies cannot subcontract struck work. e. Both a and b

b

1. The company (a) forced the employees to attend Acaptive audience@ meetings in the company cafeteria on Thursday, June 8, and (b) denied a union request for time to respond during both meetings. a. Both (a) and (b) would be a ULPs b. While (a) is a ULP, (b) is not a ULP c. While (a) is not a ULP, (b) is a ULP d. Neither (a) nor (b) would be ULPs

b

1. The principle of past practice (implied obligations) suggests that management may not withdraw non-contractual existing benefits once the contract is signed . Which of the following regarding the past practice is correct [lecture]? a. A company cannot unilaterally abolish a past practice during contract negotiations. b. To be a past practice the practice must be long-standing and frequently occurring to be binding c. A company can abolish a past practice during the life of the contract if it is done for sound economic decisions and there is no anti-union animus involved d. Frequently a single incident (such as a decision to establish a Christmas bonus one year) can be enough to establish a binding past practice e. All the above are correct

b

1. Unions may pursue questionable grievances and may even take them to arbitration for which of the following reasons [502]; lecture? a. To accommodate politically powerful minorities in the union b. To avoid fair representation suits c. Because of poor labor-management relations and poor communication d. Because of political pressure within the union e. All the above are reasons to pursue questionable grievances

b

1. Which of the following is incorrect regarding the status of arbitration established in the Steelworkers Trilogy [539]? a. Contractual arbitration clauses require both parties to arbitrate unresolved grievances b. The arbitrator should determine the arbitrability of the case. c. The courts should not review the merits of the arbitrator's decision as long as the award is based on the agreement d. Contract terms are not arbitrable unless the contract specifically allows it. e. Doubts about arbitrability should be decided in favor of arbitration

b

1. Which of the following is the most appropriate decision and award by the arbitrator? a. Because the company failed in its duty to consistently enforce its own rules by not terminating James Tilton after the second warning, it failed in its duty to apply progressive discipline by consistently failing to enforce its own rules, thus lulling Mr. Tilton into believing that his pranks were not taken seriously. He should be reinstated to his job but without back pay and a final warning against horseplay.. b. Since the rule against horseplay was reasonable and within the scope of management rights, and since the grievant had received multiple warnings, the discharge should be upheld. c. The discharge should be reduced to a suspension because of the extenuating circumstances.

b

1. Which of the following is the most appropriate decision and award by the arbitrator? a. Since Mary Weber was a probationary employee the company could fire her without cause based on both the Management Functions language in Article VIII and the Seniority provisions in Article X. b. Although Mary Weber was a probationary employee she was entitled to protection from discrimination based on the language in the Seniority provision in Article X and the nondiscrimination provision in Article II. The union provided direct testimony about her performance and the issue of discrimination. Since the company failed to counter the union=s arguments with evidence or testimony supporting the company=s position, the arbitrator will rule for the grievant and order her reinstated with back pay and full benefits. c. Although Mary Weber was a probationary employee she was entitled to protection from discrimination based on the language in the Seniority provision in Article X and the nondiscrimination provision in Article II. However, there is no evidence that she was a victim of discrimination and the discharge should stand.

b

When an employee is in a union environment she has: a. The right to negotiate an individual contract with the company in lieu of the labor agreement. b. An advocate on her side when she has been wronged. c. The right not to pay union dues even if the contract requires it. d. All the above

b

1. A situation in which an outside neutral has the binding authority to determine the contents of a new collective bargaining agreement is called [442]: a. Mediation b. Fact finding c. Interest arbitration d. Rights arbitration e. None of these

c

1. A strike which is not authorized by the union's leadership and occurs in violation of a no-strike clause in the labor agreement is known as [451]: a. a sympathy strike. b. a unilateral strike. c. a wildcat strike. d. a rank-and-file strike. e. a ULP strike

c

1. A strike which is not authorized by the union's leadership and occurs in violation of a no-strike clause in the labor agreement is known as: a. a sympathy strike. b. a unilateral strike. c. a wildcat strike. d. a rank-and-file strike. e. a ULP strike

c

1. Because of the Landrum-Griffin Act of 1959: a. The Federal Mediation and Conciliation service was created to mediate labor disputes. b. A set of national emergency dispute procedures was created to deal with critical strike activity. c. The NLRB was allowed to engage in the arbitration of grievances. d. Professional employees were allowed to organize e. All the above

c

1. Employers tended to characterize the Wagner Act as a: a. fair, even-handed way to promote industrial peace. b. a weak, ineffective piece of legislation with which they could easily live. c. one-sided, pro-union piece of legislation. d. piece of legislation which would not provide much help to unions.

c

1. Free riding is likely to occur in which of the following circumstances? a. Where there are union shop provisions in the contract b. Where there are agency shop provisions in the contract c. In right-to-work states d. Where there is no union contract in place e. Both a and b

c

1. If you are guilty of "bumping" you have: a. Been following too closely b. Taken a job previously held by a more senior employee c. Replaced a junior worker d. Been promoted over a more senior worker e. Been asked to leave the union

c

1. In Bowen v U.S. Postal Service a union was found guilty of failure to represent an employee adequately when it failed to fairly process the grievance of an unjustly terminated employee. In situations such as this [525]: a. An employee can sue the union to force it to take a grievance to arbitration b. All grievances must go to arbitration if the employee insists c. A union can be forced to share back pay with the employer where the union violates its duty to fairly represent a grieving employee d. Unions cannot be responsible for damages simply for failure to represent an employee fairly.

c

1. Legal strikes are protected activities. The rights and limitations regarding striking workers might include all but which of the following (i.e., which of the following is false) [463-467]? a. ULP strikers must be reinstated after the strike is over. b. Strikers do not have to be reinstated if the employee's job has been eliminated. c. Strikers who are guilty of picket line misconduct during the strike still retain the right to be reinstated. d. Strikers who find equivalent employment elsewhere need not be reinstated. e. In general, economic strikers can be permanently replaced.

c

1. Legal strikes are protected activities. The rights and limitations regarding striking workers might include all but which of the following (i.e., which of the following is false)? a. ULP strikers must be reinstated after the strike is over. b. Strikers do not have to be reinstated if the employee's job has been eliminated. c. Strikers who are guilty of picket line misconduct during the strike still retain the right to be reinstated. d. Strikers who find equivalent employment elsewhere need not be reinstated. e. In general, economic strikers can be permanently replaced.

c

1. Picketing and handbilling customers of retail outlets requesting them not to purchase the products of struck companies is legal if [466; 470]: a. The request is to not purchase the struck product rather than a request not to patronize the retail outlet. b. Does not prevent pickup and deliveries at the retail outlet. c. Both of the above. d. Neither a nor b, such picketing is illegal.

c

1. Picketing and handbilling customers of retail outlets requesting them not to purchase the products of struck companies is legal if: a. The request is to not purchase the struck product rather than a request not to patronize the retail outlet. b. Does not prevent pickup and deliveries at the retail outlet. c. Both of the above. Neither a nor b--such picketing is illegal

c

1. The company argued that the discharge should be upheld because Mr. Tilton had been given twelve warnings about horseplay so discharge was clearly in order. The union=s most effective counter argument to this would be: a. That a penalty of termination for horseplay is, on its face, unreasonable. b. That the arbitrator should reduce the penalty because of extenuating circumstances. c. That the company failed to meet its obligation to consistently enforce it=s own rules. d. That the company must negotiate rules with the union before enforcing them.

c

1. The doctrine of deferral based on the 1971 Collier case and supported by the 1955 Speilburg decision, suggests that when a ULP can be heard before an arbitrator as a grievance [539] a. The case must go to arbitration and is not appealable to the NLRB b. The case must go to the NLRB and cannot be heard by the arbitrator c. The cases goes to arbitration first then the arbitrator=s decision can be appealed to the NLRB d. The case can be heard by the arbitrator only if both parties agree e. The union can file a ULP charge with the NLRB or decide to arbitrate, but not both

c

1. The union claimed that Mary Weber was fired because of her weight. Their claim was that: a. The contract did not allow probationary employees to be fired without cause. b. There was no evidence that her performance was poor. c. There were men as large as her who were not terminated so her termination was sex discrimination. d. She was beyond the 520 hours of work required for probationary employees. e. Both b and c

c

1. Two events (a) Sara was a known and active union supporter. She arrived at work fifteen minutes late because she was attending an organizational meeting of the union. There was a company rule that provided employees could be terminated for being tardy after oral and written warnings had been given. Sara had been given an oral warning six weeks earlier and a written warning the week before for tardiness. The company fired her for tardiness, and (b) Zack, Norma, and Ray were absent for the sixth day over the last 30 work days. Plant rules allowed for a disciplinary suspension when a worker missed five days in a 30 day period. As a matter of practice, however, plant workers were normally given a written warning before being suspended. On two occasions this year, before the election drive, two employees who missed seven and nine times in 30 days had received only written warnings. The supervisor, on this occasion, however, was told to suspend all three for excessive absenteeism. Both Zack and Norma were active union supporters, Ray was not. When Zack and Norma complained to the supervisor about this being illegal activity, the supervisor assured them that the equal treatment of Ray was clear evidence of impartiality. a. Both (a) and (b) would be a ULPs b. While (a) is a ULP, (b) is not a ULP c. While (a) is not a ULP, (b) is a ULP

c

1. Two events: (a) Company security guards were ordered to remove a non-employee union organizer who was passing out leaflets in the company's parking lot, and (b) two employees were suspended for handing out union literature in the cafeteria during lunch hour in violation of the company=s no-solicitation rule a. Both (a) and (b) would be a ULPs b. While (a) is a ULP, (b) is not a ULP c. While (a) is not a ULP, (b) is a ULP d. Neither (a) nor (b) would be ULPs

c

1. Unions place a high priority on a grievance and arbitration language in the collective bargaining agreement. In return for this management often insists on: a. A dues checkoff. b. A no-strike agreement. c. A management=s rights clause. d. Lower wages. e. A right-to-work provision.

c

1. When we say that arbitration is Aquasi judicial@ we most nearly mean that [549]: a. Strict standards of evidence and process apply to the hearing. b. Only attorneys can be arbitrators. c. The arbitrator=s decision is final and binding but the process is less formal than a court of law. d. The arbitrators make decisions but they are subject to review by the NLRB. e. The arbitrators make decisions but the courts frequently overturn them.

c

1. Where the union local does not sanction a strike, but workers engage in a wildcat strike over a grievance and the contract contains a no-strike provision [539]: a. The company can sue the union local for breech of contract. b. The company can sue individual workers for breech of contract. c. The company can terminate the striking employees. d. The company can file an unfair labor practice charge against the union

c

1. Which of the following arbitral remedies would not be allowed [552]? a. Back pay in cases of improper discipline. b. An order to reinstate an employee who was improperly disciplined. c. An award that exceeds what the grievant asks for in order to encourage the company to alter its behavior. d. A fine for either company or union for engaging in improper conduct. e. Neither c nor d are allowed.

c

1. Which of the following are considered to be covered under the Wagner Act? a. supervisors b. agricultural workers c. Production workers d. Public school teachers

c

1. Which of the following groups is most likely to fall under the jurisdiction of the NLRB for purposes of a recognition election ? a. a group of public school teachers b. a family's domestic servants c. a group of production workers d. a unit composed of production supervisors

c

1. Which of the following is false regarding picketing [466]? a. Its goal is to inform the public of a dispute and to appeal to others to not patronize the target. b. Federal courts are not allowed to enjoin peaceful picketing. c. States may not restrict peaceful picketing. d. Some restrictions may be imposed on recognitional picketing under Landrum-Griffin. e. All the above are true

c

1. Which of the following is false regarding picketing? a. Its goal is to inform the public of a dispute and to appeal to others to not patronize the target. b. Federal courts are not allowed to enjoin peaceful picketing. c. States may not restrict peaceful picketing. d. Some restrictions may be imposed on recognitional picketing under Landrum-Griffin. e. All the above are true

c

1. Which of the following is incorrect regarding an arbitration hearing [lecture]? a. The burden of proof may be on either the company or the union b. Hearsay testimony is admissible. c. Legal rules of evidence are required. d. The merits of the arbitrator's decision are generally not reviewed by the courts. e. Written briefs are allowed to be submitted

c

1. Which of the following is incorrect regarding contract enforcement and arbitration [539]? a. Under the Wagner Act, breach of contact is a ULP and unions can go to the NLRB to enforce terms. b. Taft-Hartley created Section 301 which allowed for suits to enforce contract terms. c. The Lincoln-Mills case upheld Section 301 and the right to enforce arbitration. d. Either the union or management can sue the other party for a contract violation e. An arbitration award will be enforced by the courts where a party refused to comply.

c

1. Which of the following is most likely to be used in the private sector in the United States on a voluntary basis as part of the dispute resolution process in bargaining [439]? a. Interest arbitration b. Final offer arbitration c. Mediation d. Fact finding

c

1. Which of the following is not correct regarding the industrial relations system in the United States? a. In the U.S., companies have the legal ability to operate nonunion. b. In the U.S., many companies are more openly hostile to unions and aggressively seek to keep them out. c. Lack of structured dispute-handling procedures in the U.S. results in many strikes causing a lot of lost work time. d. Bargaining in the U.S. is relatively decentralized compared to other countries.

c

1. Which of the following is not correct regarding voting in union elections? a. It is done by secret ballot. b. Company and union observers can challenge voter eligibility. c. Company and union representatives can prohibit certain individuals from voting. d. Voter eligibility challenges and ULP charges are resolved before results are certified. e. If two unions run against the choice of Ano union@ a runoff election will be held if none of the three alternatives receives a majority vote.

c

1. Which of the following is not required for a party to bargain in good faith. a. Meet at reasonable times. b. Confer in good faith with an intent to agree. c. To make concessions on at least some important items. d. Execute written contracts over those things that can be agreed. e. All the above are required

c

1. Which of the following is the best description of the issue in the case? a. Does the company have the right to terminate an employee for obesity? b. Does the company have the right to discharge a probationary employee without cause? c. Was the company guilty of gender discrimination? d. Did the company violate the labor agreement by discharging Mary Weber?

c

1. Which of the following regarding the arbitrator=s interpretation of contract language is correct [lecture]? a. General language controls over specific language where they contradict. b. Past practices generally negate clear and specific language in the contract. c. Past practice tends to be controlling over broad sweeping contract language. d. A general management's rights provision controls over past practice e. All the above are correct

c

1. You were given a list of reasons that explain why the study of industrial relations and labor law is important even though only a minority of U.S. workers are union members. Which of the following is not one of those reasons? a. Unions wage spillover effects have an impact on nonunion workers in the same firm. b. Unions wage spillover effects have an impact on nonunion workers in other firms. c. Union workers are less productive than nonunion workers, and we need to know how to improve their productivity d. Understanding unions is an important part of union avoidance strategies e. Many non-union employees have rights under labor law that we must understand

c

1. Arbitrators make their decisions based on all but which of the following [552]? a. The language of the submission agreement. b. The record of evidence and testimony c. The language of the labor agreement d. What constitutes good management practice

d

1. Competitive status seniority relates to all but which of the following? a. Bidding on promotions b. Bidding on transfers c. Layoffs d. Vacation length e. Neither a nor b relate to competitive status seniority.

d

1. Employees may gain union representation through: a. Voluntary recognition by the employer. b. Secret ballot elections held by the NLRB. c. An NLRB bargaining order in the event of unfair labor practices. d. all the above

d

1. Employees may legally become union members in all but which of the following ways? a. Voting to select a union to recognize them. b. Working where union membership is a condition of continued employment c. Voluntarily join a union where in a unit covered by a contract even if membership is not required. d. Where they must join a union as a requirement to get a job in a closed shop.

d

1. In 14 Penn Plaza, an arbitrator decided in favor of the company in a grievance in which employees accused the company of age discrimination in violation of a non-discrimination clause in the contract. When the employees lost their case, they filed an EEOC complaint for discrimination under Title VII and were given a Aright to sue@ letter [562]. The company challenged their right to sue and the court=s ruling was: a. That the arbitrator=s decision could be appealed. b. That they could sue the union under Taft-Hartley Section 301 for lack of fair representation c. That they must appeal the case to the NLRB d. The clause requiring an arbitrator to apply statutory law precluded the employees from suing.

d

1. In NLRB v. Denver Building and Construction Trades Council, the Supreme Court decision established that common situs picketing is illegal. This means that the union cannot: a. Move pickets from one place to another. b. Picket construction projects. c. Have all their pickets at one site. d. Involve a secondary party in a labor dispute. e. Block plant entrances

d

1. In response to the union the company: a. Provided evidence that her performance was unacceptable that countered the union=s argument. b. Provided evidence that other non-obese employees had been terminated also. c. Provided evidence that refuted the discrimination charge. d. Argued that they could fire a probationary employee for whatever reason they felt to be appropriate.

d

1. One form of interest arbitration is in major league baseball and is called final-offer arbitration. Suppose that a player demands $10M a year and the team offers $5M a year. The arbitrator=s award can be [445]: a. $10M b. $5M c. Any value from $5M to $10M d. Either $5M or $10M but nothing else e. Any award he or she deems to be appropriate

d

1. Regarding evidence and evidentiary rules and testimony [552]: a. Legal rules of evidence apply. b. Circumstantial evidence is not allowed. c. The company generally is charged with the burden of proof d. The arbitrator judges the relevancy and materiality of the evidence. e. The arbitrator is bound by the same standard of proof as in a criminal trial: proof beyond a reasonable doubt.

d

1. The Excelsior List contains: a. Names of companies on the ADon=t patronize@ list of the AFL-CIO. b. Lists of companies that have committed ULPs c. Lists of employees who are likely to vote for the union d. Names and addresses of employees in the proposed bargaining unit e. Names and addresses of employees who have applied for associate membership.

d

1. The Supreme Court decision in Thornhill v. Alabama established that picketing is constitutionally protected free speech. Since then the courts have ruled that [466]: a. Picketing which coerces or restrains workers is illegal. b. Picket line violence is a violation of labor law. c. Restrictions can be imposed on recognitional picketing All the above.

d

1. The Supreme Court decision in Thornhill v. Alabama established that picketing is constitutionally protected free speech. Since then the courts have ruled that: a. Picketing which coerces or restrains workers is illegal. b. Picket line violence is a violation of labor law. c. Restrictions can be imposed on recognitional picketing All the above.

d

1. The ULP language in Section 8(a) includes all but which of the following? a. Makes discharging a union supporter for her union activity an illegal act. b. Prevents a company from forming a company union. c. Requires a company to bargain in good faith. d. Outlaws right-to-work agreements. e. All the above are correct.

d

1. The courts have recognized that picketing has elements of free speech and elements of coercion. Consequently, picketing has been regulated to a great extent. When a primary employer is picketed at a secondary location (as in Moore Dry Dock), the union must observe which of the following rules? a. The primary employer must be engaged in his normal business. b. The pickets must identify the primary object. c. The pickets must be as close as possible to the site. d. All of the above must be observed. e. None of the above, this is illegal concerted activity

d

1. The courts have recognized that picketing has elements of free speech and elements of coercion. Consequently, picketing has been regulated to a great extent. When a primary employer is picketed at a secondary location, the union must observe which of the following rules [468]? a. The primary employer must be engaged in his normal business. b. The pickets must identify the primary object. c. The pickets must be as close as possible to the site. d. All of the above must be observed. e. None of the above, this is illegal concerted activity

d

1. The industrial relations system in the United States differs from those of other countries in many ways. Which of the following is not correct regarding these differences? a. The U.S. has relatively many unions that compete for members. b. The U.S. has strong national unions with a direct line of authority over locals. c. In the U.S. only one union may represent a particular group of workers. d. U.S. unions have more leftist political orientation than do unions in other parts of the world.

d

1. The principle of exclusive representation implies that: a. Only one union can be the bargaining representative for all the workers in the bargaining. b. The bargaining representative represents everyone in the bargaining unit, union member or not. c. The employer must recognize and bargain with the bargaining representative. d. All the above

d

1. The union called a meeting at the local union hall on Thursday evening before the election. During the meeting the union claimed: (a) that the company had paid dividends to shareholders of more than $10 million the year before and more than half-a-million in bonuses to the top five managers (the claim by the union was misleading and untrue). At about the same time the plant manager (b) sent an email to all employees telling them that they should vote against the union because union officials were corrupt and undemocratic. The claim was also false. a. Both (a) and (b) would be a ULPs b. While (a) is a ULP, (b) is not a ULP c. While (a) is not a ULP, (b) is a ULP d. Neither (a) nor (b) would be ULPs

d

1. The union won the election described in the question above. Therefore, at least how many employees must have voted for the union? a. 28 b. 31 c. 41 d. 46 e. 51

d

1. The vast majority of problems that arise in interpreting and applying labor contracts are [499] a. solved through concerted activity by the union b. settled through mediation c. settled through arbitration d. settled by the NLRB e. settled through the grievance procedure

d

1. Which is incorrect regarding the principle of fair representation [522; lecture]? a. Employees have the right to enforce contract terms to their benefit. b. The union does not have to represent non-members (Afree riders@) in arbitration hearings c. The union decides which grievance to take to arbitration. d. Individuals have the right to equal access to arbitration. e. Individual employee grievances cannot be traded for other concessions.

d

1. Which of the following is false regarding mediation [439]? a. Mediators help establish a working relationship between the parties. b. Mediators help the parties to communicate and understand the other=s position. c. Mediators can contribute to facilitating face-saving concessions. d. Mediators can impose a settlement on the parties if negotiations fail. e. All the above are true.

d

1. Which of the following is not an agency created by one of the major federal labor laws to deal with labor- management issues such as mediation, arbitration, or unfair labor practices. a. The NLRB b. The FMCS c. The NMB d. The PBGC

d

1. Which of the following regarding strikes and strike-related activities is false [450]? a. Firms may hire temporary replacement workers. b. Firms may hire permanent replacement workers. c. Strikers retain the right to be reinstated. After a strike is over, companies must return all union members to their jobs.

d

1. Which of the following regarding strikes and strike-related activities is false? a. Firms may hire temporary replacement workers. b. Firms may hire permanent replacement workers. c. Strikers retain the right to be reinstated. d. After a strike is over, companies must return all union members to their jobs.

d

1. Which of the following regulates the internal activities of unions and regulates union finances? a. Norris-LaGuardia b. The Wagner Act c. The Taft-Hartley Act d. Landrum-Griffin e. None of these

d

1. A spillover effect occurs when: a. Unions attempt to organize other plants of the same company. b. Nonunion workers Aspillover@ or take jobs previously held by union workers. c. A union pay increase is copied by nonunion employers to avoid unionization. d. A union contractual benefit is extended to nonunion workers in the same firm e. Both c and d

e

1. A work slowdown in which work is interrupted by following work procedures to the letter: a. An example of an illegal secondary boycott b. Is called featherbedding c. Is called Aworking to rule@ d. Often ineffective because employees can usually be disciplined for this type of activity e. Both c and d

e

1. An example a typical jurisdiction of a union local unions would be: a. A union local comprised of only a group of skilled employees within a single company b. A union local comprised of all nonexempt employees within a manufacturing facility c. A union local comprised of all nonexempt employees in several firms within a defined geographical area. d. A union local comprised of a skilled trade whose members work for several employers e. Any of the above could be a local union jurisdiction.

e

1. Assume that an employee is terminated for refusing to obey a supervisors directive because she honestly believed that the order was prohibited by the contract. Which of the following is most accurate here [lecture]? a. An employee never has to carry out a directive which is not allowed by the contract. b. The employer must obey the order and later file a grievance. c. The employer can refuse the order if he or she honestly believes compliance would be unsafe. d. If the employee is correct she is on firm ground, if not she can be terminated. e. Both b and c are correct.

e

1. Assume that an individual has been terminated and it has been demonstrated that the individual did violate a minor company policy. Which of the following would an arbitrator be generally allowed to do [lecture]? a. Consider if the company was uneven in its application of discipline. b. Consider if the rule was unreasonable. c. Consider mitigating circumstances. d. Consider if the employee hand not been subjected to progressive discipline e. The arbitrator may do any or all of the above

e

1. Before a representation election is held, the NLRB determines if several barriers exist which would preclude holding an election. Which of the following is not one of these legal barriers that would prevent an election from being held? a. An election involving the same employer and another union was held 5 months previously. b. Another union was certified 8 months ago, has not reached an agreement with management, and appears to have lost favor with employees. c. The union is in the second year of a three-year contract. d. The election was two months ago but a company ULP charge is pending. e. All of the above would constitute legal barriers to an election.

e

1. If contract language is silent about the intent of the parties, upon what can an arbitrator base a decision [lecture]? a. Past practices of the parties b. Negotiation history c. Standard arbitral criteria d. Management=s rights e. All of these

e

1. If your company has a system in which union dues and fees are deducted from employees' checks and then transmitted to the union: a. It is an illegal arrangement b. It is a maintenance of membership agreement c. It is a remittance provision in the contract d. It is called a dues checkoff provision e. It has a union shop agreement.

e

1. In this case the union argued that the company had unilaterally established the rule against horseplay without consulting the union. Regarding this issue which of the following form a-d is false? a. The company has the right to unilaterally establish rules. b. The union has the right to challenge the reasonableness of a rule via the grievance process. c. The rule against horseplay is reasonable. d. The company has the right to discharge an employee guilty of horseplay after receiving two prior warnings. e. None of the above are false, all are true

e

1. Most labor contracts specify: a. That employees can be disciplined and discharged for cause. b. Due process procedures c. That discipline and discharge is management=s right and cannot be challenged by the union. d. That employees are all employed at will and can be discharged with or without cause at any time. e. Both and b

e

1. Regarding arbitration testimony [552]: a. Hearsay is admissible. b. Depositions may be admissible if a witness is unavailable c. The arbitrator should not attempt investigation, that should be left to the parties. d. Arbitrators will not grant absolute immunity from self-incrimination. e. All the above

e

1. The Railway Labor Act of 1926 provided bargaining rights to: a. Railway workers b. Airline workers c. Federal government employees d. All the above e. Both a and b only

e

1. The Section 7 rights of employees: a. Allows them to form and join unions b. Allow them to engage in concerted activity such as strikes. c. Forbids a company from hiring permanent replacement workers during a strike. d. All the above e. Both a and b only

e

1. The Wagner and Taft-Hartley Acts extend rights to organize and bargain to: a. Supervisors b. Private sector managerial employees c. Employees of state and local governments d. Federal government employees e. None of the above

e

1. The certified union for a bargaining unit is granted an exclusive right under the LMRA to represent: a. all non-management employees within the company. b. only union employees. c. only employees of a particular skill. d. only production and maintenance employees. e. all employees in that unit, union or non-union.

e

1. The length of a labor contract is restricted to: a. No less than two years b. Three years c. Four years d. Five years e. None of the above

e

1. The union argued that there were extenuating circumstances in this case. Which, if any, of the following would be sufficiently compelling to alter the arbitrator=s decision in this case? a. That the grievant was only 22 years old. b. That the grievant was married with four children. c. That the grievant had just returned from military service where horseplay is common. d. That none of the grievant=s pranks were intended to harm anyone. e. None of the above are compelling enough to affect the arbitrator=s decision.

e

1. Which of the following is a remedy likely to be ordered by the NLRB where a company continually and willfully refuses to bargain in good faith? a. A substantial fine. b. Requiring the company to initiate a dues check-off provision. c. Removal of a management rights clause from the contract d. A civil suit against the management. e. An order by the Board to bargain in good faith

e

1. Which of the following is false? When dealing with a union, a company: a. Has a legal requirement to bargain with the union. b. Must focus on consistency in its treatment of employees. c. Has a legal requirement to comply with the provisions of an employment contract d. Has to comply with third-party intervention when grievances are decided. e. Cannot hire replacement workers during a strike.

e

1. Which of the following is not a broad arbitration power in discipline cases [lecture]? a. Determine what constitutes "just cause" b. Determine the extent to which testimony appears to be truthful c. Review and/or modify the penalty imposed by management d. Review the degree to which evidence supports the case e. All are broad arbitral powers

e

1. Which of the following is not a potential remedy for a management ULP? a. A back pay award b. A cease and desist order c. A requirement to post a notice d. Setting aside the results of an election and issuing a bargaining order e. Fines and damages

e

Which of the following is correct regarding the grievance procedure [508]? a. All grievances must be in writing even at step 1. b. The grievance process is specified in Taft-Hartley c. Human resources and the plant grievance committee settle most grievances d. The final step in the grievance process is filing a ULP with the NLRB e. The final step in the grievance process is usually arbitration.

e

`1. Why would a union favor a strong security clause such as a union shop agreement?? a. It reduces the risk of raiding. b. It reduces the risk of decertification. c. It increases the financial resources of the union. d. It increases the bargaining power of a union during contract negotiations. e. All of the above.

e